PUBLIC HEARING AGENDA REQUEST

Board of Supervisors Meeting Date:

Staff Lead:

Topic:

A Zoning
Ordinance Text Amendment to Sections 6-302 and 5-202 to
Permit as Home Occupations, Party Supply Sales and Rentals
and to Enact Certain Standards for Such Uses

Topic
Description:

The public continues to come forward with business concepts
for home occupations that are not authorized by the Zoning
Ordinance. The purpose of this text amendment was to
accommodate a request to store moon bounces for rental as
well as incidental party supplies; however the Planning
Commission unanimously voted against the proposal.

An
individual would like to store “moon bounces” in his garage
and transport them to parties for a fee. At first glance,
this seems relatively innocuous. However, the term “party
rentals” is of unknown quantity and quality and could result
in potential impacts on adjoining properties. Because of
the breadth and scale of possible rentals, if approved, it
seems appropriate to place this use within the jurisdiction
of the Board of Zoning Appeals so that individual permit
conditions may be imposed as appropriate.

The same individual who desires to rent moon bounces also
wants to retail party favors. Generally, resale operations
are not allowed as home occupations. If adopted, this would
be a change. If approved, a condition is recommended that
sales could not occur at the home; the home would serve
solely as a staging area to bring products to parties. It is
recommended that this use require a special permit, ensuring
that the use is appropriate for the neighborhood.

In addition to the specific standards suggested in the
proposed text amendment, the following standards also apply:

1.A home occupation must be conducted within a dwelling
which is a bona fide residence of the principal practitioner
or in any accessory building thereto which is normally
associated with a residential use;

3.No mechanical or electrical equipment shall be
employed other than machinery or equipment customarily found
in the home associated with a hobby or avocation not
conducted for gain or profit, or machinery or equipment
which is essential in the conduct of the home occupation;

4.No outside display of goods or outside storage of
equipment or materials used in the home occupation shall be
permitted;

5.No more than one (1) person other than a member of
the household occupying such dwelling shall be employed; and

6.No sign shall be permitted except in accordance with
the provisions of Article 8.

This
proposed text amendment was initiated by the Board of
Supervisors on April 13, 2006, coupled with a proposal to
allow farriers as home occupations. At its meeting on April
27, 2006, the Planning Commission recommended that the Board
of Supervisors amend the Ordinance to allow farriers, but
took no final action on party rentals and supplies. The
Planning Commission kept the public hearing open and
continued this matter until its meeting in May. On May 25,
2006, the Planning Commission again voted to keep the public
hearing open and defer action until a future date. The
Planning Commission kept the public hearing open through its
June meeting. On June 29, 2006, the Planning Commission
unanimously recommended denial. As noted by the Chairman of
the Planning Commission, this proposal raised too many
problems that had not been addressed.

A
comprehensive review by staff of all home occupation uses
currently is underway. The Board of Supervisors may want to
reject this piecemeal amendment and wait to deal with this
issue as part of a comprehensive Ordinance on home
occupations.

Identify
any other Departments, Organizations or Individuals that
would be affected by this request: